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SDI, WC, and SSDI Offset
#1
Hi, 

I am new here, please bear with me. I am from CA. I received TTD for a while (80% sal), then the PQME P/S me, the IC stopped my TTD, and started my PD ($260/Wk), I had to applied SDI ($400/2 weeks, after offset with my PD). Now, I got SSDI approved, on the award letter, with back pay it offset almost all of my TTD, PD, and SDI. I received very little. Does it sound right? when I started receiving PD, It seems like I got offset twice, one by SDI, one be SSDI.

Please help.
Thank you!
 
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#2
CA can be it's own world in WC so I will not try and answer your question but somebody that know more about it then anybody will be along to help. I can say you are right to question how they figured it because they can make mistakes when they do. In my case they did it twice and each time I got a nice amount of money, but not saying they did this in your case. Even my lawyer was not good at giving me any idea on the offset. When I settled he kept saying I was going to lose some in the offset and I didn't. So it can be hard to figure out some times. I was just going by what I had been getting in PTD and the fact they were not offsetting that so to me I could get that much and not be a problem.

Only other thing I can say is try to stay calm and talk to people in that way because I've found you can get more when you are being calm and it only helps you feel better to not get too worked up. Some times it's hard not to get all worked up
 
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#3
No it doesn't sound right.
If your disability is no longer temporary, you can look for work within your restrictions and should not be eligible for state disability insurance payments.
Make sure you notify SDI of your permanent status before accepting the checks.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
(08-30-2016, 05:24 AM)injuree Wrote: Hi, 

I am new here, please bear with me. I am from CA. I received TTD for a while (80% sal), then the PQME P/S me, the IC stopped my TTD, and started my PD ($260/Wk), I had to applied SDI ($400/2 weeks, after offset with my PD). Now, I got SSDI approved, on the award letter, with back pay it offset almost all of my TTD, PD, and SDI. I received very little. Does it sound right? when I started receiving PD, It seems like I got offset twice, one by SDI, one be SSDI.

Please help.
Thank you!


You cannot receive SSDI back payments for periods you were receiving payments for your disability from WC and SDI. There is a mathematical formula they use and Social Security should have provided you with a printout of benefits. You should have been offset twice if your were paid for twice for the same time period....otherwise people would be making more on disability than working. This does not mean they did not calculate things correctly. I would check it.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#5
Dear Manley2:

Thank you for your valuable input. SSDI is just another brand new ball game that I learned to face! I thought after the judge favoritely announced, everything going to be carried out accordingly, but I guess I was wrong. I was surprised to see the awarded letter and the amount they gave me. I turned to my SDI atty, her attitude changed 180 degree, and started bailing out on me, also finger pointing with my WC atty. I turned to my WC atty, they simply said they don't deal with SSDI. I went to SSA to find out, they asked for "paperwork" from WC, I gave them all I had, but they said no, there is another piece of "paper" that they needed! I went home, digged into my pile of paperwork, came back, they still said no, after spending hours with them, I finally realized that they wanted to see the settlement documents!! I told them, I am not yet settled, my next status conference is in the next couple month, and settlement is only an "option" at this hearing. They made me write and sign a statement saying that I don't and will not lie about WC benefit. They sent me home and said that they'd try their best to look into it.

Yes I am trying very hard to remain calm, I only have few hundreds left in the bank, the rent is around the corner, and I just barely got out of a surgery!!

I just pray that whoever doing the adjustment on my case is a fair minded individual!

Dear 1171:

Thank you for your time!

Yes I turned all my WC related documents, and my PTP reports to SDI while I was on it, and I did receive the benefit, only that they offset half of my SDI payment due to PD pay out. My employer cannot accommodate my restrictions.
 
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#6
(08-30-2016, 12:00 PM)California_Help Wrote:
(08-30-2016, 05:24 AM)injuree Wrote: Hi, 

I am new here, please bear with me. I am from CA. I received TTD for a while (80% sal), then the PQME P/S me, the IC stopped my TTD, and started my PD ($260/Wk), I had to applied SDI ($400/2 weeks, after offset with my PD). Now, I got SSDI approved, on the award letter, with back pay it offset almost all of my TTD, PD, and SDI. I received very little. Does it sound right? when I started receiving PD, It seems like I got offset twice, one by SDI, one be SSDI.

Please help.
Thank you!


You cannot receive SSDI back payments for periods you were receiving payments for your disability from WC and SDI. There is a mathematical formula they use and Social Security should have provided you with a printout of benefits. You should have been offset twice if your were paid for twice for the same time period....otherwise people would be making more on disability than working. This does not mean they did not calculate things correctly. I would check it.

Good morning California,

Thank you for your response!

I did mention this to the SSDI rep when I was there, he agreed and said that SSDI offset with WC, yes; with SDI, no. I am just confused! But that's is just verbal, nothing on the paper, the same goes with printout of benefits. In the award letter, they gave an 80% figure and said because of that, this is what I got. This does not mean that I disagree with your reply.
 
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#7
(08-30-2016, 12:27 PM)injuree Wrote: Dear Manley2:

Thank you for your valuable input. SSDI is just another brand new ball game that I learned to face! I thought after the judge favoritely announced, everything going to be carried out accordingly, but I guess I was wrong. I was surprised to see the awarded letter and the amount they gave me. I turned to my SDI atty, her attitude changed 180 degree, and started bailing out on me, also finger pointing with my WC atty. I turned to my WC atty, they simply said they don't deal with SSDI. I went to SSA to find out, they asked for "paperwork" from WC, I gave them all I had, but they said no, there is another piece of "paper" that they needed! I went home, digged into my pile of paperwork, came back, they still said no, after spending hours with them, I finally realized that they wanted to see the settlement documents!! I told them, I am not yet settled, my next status conference is in the next couple month, and settlement is only an "option" at this hearing. They made me write and sign a statement saying that I don't and will not lie about WC benefit. They sent me home and said that they'd try their best to look into it.

Yes I am trying very hard to remain calm, I only have few hundreds left in the bank, the rent is around the corner, and I just barely got out of a surgery!!

I just pray that whoever doing the adjustment on my case is a fair minded individual!

Dear 1171:

Thank you for your time!

Yes I turned all my WC related documents, and my PTP reports to SDI while I was on it, and I did receive the benefit, only that they offset half of my SDI payment due to PD pay out. My employer cannot accommodate my restrictions.

Good for you. Hopefully they won,t discover their error.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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